Senate Bill S5215

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5215

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  MAZIARZ  --  read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion

AN  ACT  to amend the education law, in relation to the apportionment of
  state assistance to school districts for school years commencing on or
  after July 1, 2009

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 3602-a
to read as follows:
  S 3602-A. APPORTIONMENT OF PUBLIC MONIES TO SCHOOL DISTRICTS EMPLOYING
EIGHT  OR  MORE  TEACHERS  FOR  SCHOOL YEARS BEGINNING ON AND AFTER JULY
FIRST, TWO THOUSAND NINE. 1. NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF
THIS CHAPTER OR ANY OTHER PROVISIONS OF LAW, EACH SCHOOL DISTRICT OF THE
STATE  EMPLOYING  EIGHT OR MORE TEACHERS SHALL RECEIVE ITS APPORTIONMENT
OF PUBLIC MONEY PAYABLE DURING THE SCHOOL YEAR  COMMENCING  JULY  FIRST,
TWO THOUSAND NINE AND DURING ALL SUBSEQUENT SCHOOL YEARS PURSUANT TO THE
PROVISIONS  OF  THIS  SECTION  AND IN LIEU OF ANY APPORTIONMENTS PAYABLE
UNDER ANY OTHER SECTION OF LAW OTHER THAN ANY SUCH  APPORTIONMENTS  THAT
MAY  BE  PAYABLE TO SUCH DISTRICT PURSUANT TO SECTION THIRTY-SIX HUNDRED
TWO OF THIS ARTICLE FOR SCHOOL LUNCHES, CONSTRUCTION AND  REHABILITATION
OF  BUILDINGS, UNIVERSAL PRE-KINDERGARTEN PROGRAMS, SERVICES OR PROGRAMS
PROVIDED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, SHARED SERVICES
OR PROGRAMS OF ELIGIBLE DISTRICTS THAT ARE NOT COMPONENTS OF A BOARD  OF
COOPERATIVE  EDUCATIONAL  SERVICES,  EDUCATION  OF  INDIAN CHILDREN OF A
RESERVATION UNDER A CONTRACT WITH THE STATE, EDUCATION  OF  PUPILS  FROM
THE  OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, EDUCA-
TION OF INCARCERATED YOUTH, EDUCATION OF HOMELESS  AND  RUNAWAY  PUPILS,
EDUCATION  OF  PUPILS  IN APPROVED PRIVATE SCHOOL PLACEMENTS OR IN STATE
OPERATED SCHOOLS, THE SUMMER COMPONENT  OF  TWELVE  MONTH  PROGRAMS  FOR
STUDENTS WITH DISABILITIES, OR MATERIALS AND SERVICES PROVIDED TO PUPILS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02136-01-9
              

S. 5215                             2

ATTENDING  BOTH  PUBLIC AND PRIVATE SCHOOLS TO THE EXTENT THAT THE STATE
PROVIDES AID FOR SUCH MATERIALS OR  SERVICES  ON  A  COST  REIMBURSEMENT
BASIS.
  2.  AS  USED  IN  THIS SECTION, ANY TERM DEFINED IN SUBDIVISION ONE OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE AND  THE  COMPUTATION  OF
WHICH  IS PROVIDED FOR IN SUBDIVISION TWO OF SUCH SECTION SHALL HAVE THE
SAME MEANING GIVEN TO IT BY SUCH SUBDIVISION ONE AND SHALL  BE  COMPUTED
AS  PROVIDED  FOR  IN  SUCH SUBDIVISION TWO. AS USED IN THIS SECTION THE
FOLLOWING TERMS SHALL BE DEFINED AS FOLLOWS:
  A. "SOUND BASIC EDUCATION" SHALL  MEAN  AN  EDUCATIONAL  PROGRAM  THAT
ADEQUATELY  PREPARES  STUDENTS FOR THE WORKFORCE AND FOR THEIR RESPONSI-
BILITIES AS CITIZENS. SUCH AN EDUCATIONAL PROGRAM SHALL CONSIST OF (1) A
BASIC OPERATIONS COMPONENT AND (2) AN EXTRAORDINARY NEEDS COMPONENT.
  B. "STATEWIDE COST PER PUPIL OF THE BASIC OPERATIONS  COMPONENT  OF  A
SOUND  BASIC  EDUCATION",  FOR ANY PARTICULAR SCHOOL YEAR, SHALL MEAN AN
AMOUNT EQUAL TO NINE THOUSAND DOLLARS TIMES  THE  NUMBER  DETERMINED  BY
DIVIDING THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE CALEN-
DAR  YEAR PRECEDING THE COMMENCEMENT OF SUCH SCHOOL YEAR BY THE CONSUMER
PRICE INDEX FOR THE TWO THOUSAND EIGHT CALENDAR YEAR, UNLESS THE COMMIS-
SIONER HAS DETERMINED THAT THE STATEWIDE AVERAGE AMOUNT PER  PUPIL  THAT
IS  NECESSARY TO PROVIDE THE BASIC OPERATIONS COMPONENT OF A SOUND BASIC
EDUCATION FOR ANY SCHOOL YEAR COMMENCING SIX MONTHS OR  MORE  AFTER  THE
MAKING  OF  SUCH A DETERMINATION IS A GREATER AMOUNT, IN WHICH CASE, THE
STATEWIDE COST PER PUPIL OF THE BASIC OPERATIONS COMPONENT  OF  A  SOUND
BASIC EDUCATION FOR SUCH SCHOOL YEAR SHALL BE SUCH GREATER AMOUNT.
  C.  "STATEWIDE COST PER EXTRAORDINARY NEEDS PUPIL UNIT OF THE EXTRAOR-
DINARY NEEDS COMPONENT OF A SOUND BASIC EDUCATION", FOR  ANY  PARTICULAR
SCHOOL  YEAR,  SHALL  MEAN AN AMOUNT EQUAL TO THREE THOUSAND ONE HUNDRED
FIFTY DOLLARS TIMES THE NUMBER DETERMINED BY DIVIDING THE CONSUMER PRICE
INDEX FOR ALL URBAN  CONSUMERS  FOR  THE  CALENDAR  YEAR  PRECEDING  THE
COMMENCEMENT OF SUCH SCHOOL YEAR BY THE CONSUMER PRICE INDEX FOR THE TWO
THOUSAND  EIGHT  CALENDAR  YEAR,  UNLESS THE COMMISSIONER HAS DETERMINED
THAT THE STATEWIDE AVERAGE AMOUNT PER EXTRAORDINARY  NEEDS  PUPIL  UNIT,
THAT  IS NECESSARY TO PROVIDE THE ADDITIONAL EDUCATIONAL SERVICES NECES-
SARY TO ENSURE THAT SUCH EXTRAORDINARY  NEEDS  PUPILS  RECEIVE  A  SOUND
BASIC  EDUCATION FOR ANY SCHOOL YEAR COMMENCING SIX MONTHS OR MORE AFTER
THE MAKING OF SUCH A DETERMINATION IS A GREATER AMOUNT,  IN  WHICH  CASE
THE  STATEWIDE  COST  PER EXTRAORDINARY NEEDS PUPIL UNIT OF THE EXTRAOR-
DINARY NEEDS COMPONENT OF A SOUND BASIC EDUCATION FOR SUCH  SCHOOL  YEAR
SHALL BE SUCH GREATER AMOUNT.
  D.  "ADJUSTED  AVERAGE DAILY MEMBERSHIP" SHALL MEAN THE AVERAGE NUMBER
OF STUDENTS RECEIVING THEIR EDUCATIONAL PROGRAM AT  A  DISTRICT  EXPENSE
WITH HALF-DAY KINDERGARTEN WEIGHTED AT 0.50.
  E. "AIDABLE PUPIL COUNT" SHALL BE (1) ONE-HALF THE SUM OF (I) ADJUSTED
AVERAGE DAILY ATTENDANCE AS COMPUTED PURSUANT TO PARAGRAPH B OF SUBDIVI-
SION  TWO  OF  SECTION  THIRTY-SIX  HUNDRED TWO OF THIS ARTICLE AND (II)
ADJUSTED AVERAGE DAILY MEMBERSHIP, PLUS (2) TWELVE PERCENT OF THE NUMBER
OF SUMMER SESSION PUPILS, AS DEFINED IN PARAGRAPH G OF  SUBDIVISION  ONE
OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE.
  F.  "COST  ADJUSTMENT FACTOR" FOR A SCHOOL DISTRICT SHALL MEAN (1) THE
IMPLICIT GEOGRAPHIC COST OF EDUCATION INDEX AS CALCULATED BY THE  AMERI-
CAN  INSTITUTES  OF RESEARCH AND MANAGEMENT ANALYSIS AND PLANNING, INC.,
FOR USE IN "THE NEW YORK ADEQUACY STUDY: DETERMINING THE COST OF PROVID-
ING ALL CHILDREN IN NEW YORK AN ADEQUATE EDUCATION,"  WITH  THOSE  INDEX
NUMBERS  DIVIDED BY (2) THE WEIGHTED AVERAGE INDEX NUMBER FOR ALL SCHOOL
DISTRICTS IN THE STATE. THE WEIGHTED AVERAGE INDEX NUMBER FOR ALL SCHOOL

S. 5215                             3

DISTRICTS IN THE STATE SHALL BE DETERMINED BY DIVIDING (A)  THE  SUM  OF
THE NUMBERS DETERMINED BY MULTIPLYING (I) EACH DISTRICT'S IMPLICIT INDEX
NUMBER BY (II) SUCH DISTRICTS AIDABLE PUPIL COUNT DIVIDED BY (B) THE SUM
OF THE AIDABLE PUPIL COUNTS FOR ALL DISTRICTS IN THE STATE.
  G. "DISTRICT'S COST OF THE BASIC OPERATIONS COMPONENT OF A SOUND BASIC
EDUCATION" SHALL BE DETERMINED BY MULTIPLYING (1) THE STATEWIDE COST PER
PUPIL  OF  THE  BASIC OPERATIONS COMPONENT OF A SOUND BASIC EDUCATION BY
(2) THE DISTRICT'S COST ADJUSTMENT FACTOR BY (3) THE DISTRICT'S  AIDABLE
PUPIL COUNT.
  H.  "DISTRICT'S  COST  OF THE EXTRAORDINARY NEEDS COMPONENT OF A SOUND
BASIC EDUCATION" SHALL BE DETERMINED BY MULTIPLYING  (1)  THE  STATEWIDE
COST  PER  EXTRAORDINARY  NEEDS  PUPIL  UNIT  OF THE EXTRAORDINARY NEEDS
COMPONENT OF A SOUND BASIC EDUCATION BY (2) THE DISTRICT'S COST  ADJUST-
MENT  FACTOR  BY  (3)  THE DISTRICT'S EXTRAORDINARY NEEDS PUPIL COUNT AS
DEFINED IN PARAGRAPH S OF SUBDIVISION ONE OF SECTION THIRTY-SIX  HUNDRED
TWO OF THIS ARTICLE DIVIDED BY THE DISTRICT'S COMBINED WEALTH RATIO.
  I.  "FEDERAL  AID  FOR  BASIC  OPERATIONS"  SHALL  MEAN THE SUM OF THE
ASSISTANCE PROVIDED BY THE  FEDERAL  GOVERNMENT  TO  A  SCHOOL  DISTRICT
DURING THE BASE YEAR PURSUANT TO THE SCHOOLS IN FEDERALLY AFFECTED AREAS
PROGRAM AND THE INDIVIDUALS WITH DISABILITIES ACT AND SUCH OTHER FEDERAL
PROGRAMS  AS  SHALL  BE  DETERMINED  BY  THE COMMISSIONER TO SUPPORT THE
PROVISION OF THE BASIC OPERATIONS COMPONENT OF A SOUND BASIC EDUCATION.
  J. "COMPREHENSIVE OPERATING AID FOR THE SCHOOL  YEAR  COMMENCING  JULY
FIRST,  TWO THOUSAND EIGHT" SHALL MEAN THE SUM OF ALL AID APPORTIONED TO
SUCH DISTRICT FOR SUCH SCHOOL YEAR PURSUANT TO THE PROVISIONS OF  SUBDI-
VISIONS  TWELVE,  THIRTEEN,  FIFTEEN,  AND SIXTEEN OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS ARTICLE AND SUBDIVISIONS ONE, TWO, THREE, EIGHT  AND
NINE OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE.
  K. "DISTRICT MINIMUM REQUIRED CONTRIBUTION" SHALL BE THE LESSER OF (1)
THIRTEEN  DOLLARS  FOR  EACH ONE THOUSAND OF THE DISTRICT'S ACTUAL VALU-
ATION AS DEFINED IN PARAGRAPH C OF SUBDIVISION ONE OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS ARTICLE OR (2) THE AMOUNT  COMPUTED  BY  SUBTRACTING
(I)  THE  SUM  OF (A) THE DISTRICT'S COMPREHENSIVE OPERATING AID FOR THE
SCHOOL YEAR COMMENCING JULY FIRST, TWO THOUSAND EIGHT AND (B) THE FEDER-
AL AID RECEIVED BY SUCH SCHOOL DISTRICT FOR BASIC OPERATIONS  FROM  (II)
THE  SUM OF (A) THE DISTRICT'S COST OF THE BASIC OPERATIONS COMPONENT OF
A SOUND BASIC EDUCATION AND (B) THE DISTRICT'S COST OF THE EXTRAORDINARY
NEEDS COMPONENT OF A SOUND BASIC EDUCATION.
  3. A. THE  APPORTIONMENT  OF  PUBLIC  MONEY  PAYABLE  TO  EACH  SCHOOL
DISTRICT FOR COMPREHENSIVE OPERATING AID SHALL BE THE GREATER OF (A) THE
AMOUNT COMPUTED BY SUBTRACTING (1) THE SUM OF (I) THE DISTRICT'S MINIMUM
REQUIRED  CONTRIBUTION  AND  (II)  THE  DISTRICT'S FEDERAL AID FOR BASIC
OPERATIONS FROM (2) THE SUM OF (I) THE  DISTRICT'S  COST  OF  THE  BASIC
OPERATIONS  COMPONENT OF A SOUND BASIC EDUCATION AND (II) THE DISTRICT'S
COST OF THE EXTRAORDINARY NEEDS COMPONENT OF A SOUND BASIC EDUCATION, OR
(B) AN AMOUNT EQUAL TO THE DISTRICT'S COMPREHENSIVE  OPERATING  AID  FOR
THE  SCHOOL  YEAR  COMMENCING  JULY FIRST, TWO THOUSAND EIGHT, PROVIDED,
HOWEVER, THAT FOR THE SCHOOL YEAR COMMENCING ON JULY FIRST, TWO THOUSAND
NINE, JULY FIRST, TWO THOUSAND TEN, AND JULY FIRST, TWO THOUSAND ELEVEN,
THE FOLLOWING TRANSITION ADJUSTMENTS SHALL APPLY:
  A. THE AID PAYABLE TO A DISTRICT IN THE SCHOOL YEAR COMMENCING ON JULY
FIRST, TWO THOUSAND NINE SHALL NOT EXCEED THE  SUM  OF  THAT  DISTRICT'S
COMPREHENSIVE  OPERATING  AID FOR THE SCHOOL YEAR COMMENCING JULY FIRST,
TWO THOUSAND EIGHT PLUS TWENTY-FIVE PERCENT OF  THE  DIFFERENCE  BETWEEN
THAT AMOUNT AND THE APPORTIONMENT THAT WOULD BE PAYABLE TO SUCH DISTRICT

S. 5215                             4

IN  THE  SCHOOL  YEAR  COMMENCING ON JULY FIRST, TWO THOUSAND NINE IF IT
WERE NOT FOR THIS TRANSITION ADJUSTMENT.
  B. THE AID PAYABLE TO A DISTRICT IN THE SCHOOL YEAR COMMENCING ON JULY
FIRST,  TWO  THOUSAND  TEN  SHALL  NOT EXCEED THE SUM OF THAT DISTRICT'S
COMPREHENSIVE OPERATING AID FOR THE SCHOOL YEAR COMMENCING  JULY  FIRST,
TWO  THOUSAND  EIGHT  PLUS  FIFTY PERCENT OF THE DIFFERENCE BETWEEN THAT
AMOUNT AND THE APPORTIONMENT THAT WOULD BE PAYABLE TO SUCH  DISTRICT  IN
THE  SCHOOL  YEAR  COMMENCING ON JULY FIRST, TWO THOUSAND TEN IF IT WERE
NOT FOR THIS TRANSITION ADJUSTMENT.
  C. THE AID PAYABLE TO A DISTRICT IN THE SCHOOL YEAR COMMENCING ON JULY
FIRST, TWO THOUSAND ELEVEN SHALL NOT EXCEED THE SUM OF  THAT  DISTRICT'S
COMPREHENSIVE  OPERATING  AID FOR THE SCHOOL YEAR COMMENCING JULY FIRST,
TWO THOUSAND EIGHT PLUS SEVENTY-FIVE PERCENT OF THE  DIFFERENCE  BETWEEN
THAT AMOUNT AND THE APPORTIONMENT THAT WOULD BE PAYABLE TO SUCH DISTRICT
IN  THE  SCHOOL YEAR COMMENCING ON JULY FIRST, TWO THOUSAND ELEVEN IF IT
WERE NOT FOR THIS TRANSITION ADJUSTMENT.
  B. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, ALL AID  PAYABLE  TO
SCHOOL DISTRICTS ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND NINE SHALL BE
PAYABLE  PURSUANT  TO  THE PROVISIONS OF LAW IN EFFECT ON OR BEFORE SUCH
DATE.
  S 2. This act shall take effect July 1, 2009.